End User License Agreement (EULA)

These Software and Services Terms of Use (“Terms of Use”) form a legal agreement between you as the end-user and Lumo Bodytech, Inc. (“Lumo”) to license your use of the Lumo Software and Services (as defined below) including for accessing, updating and controlling your Lumo sensor devices. By clicking “agree” below you are entering into a binding legal agreement with Lumo. Please consider these Terms of Use carefully before entering into this agreement. If you do not agree to these terms, do not click “agree” below, and refrain from using the Lumo Software and Services.

  1. Lumo Software. The software products covered by these Terms of Use include the Lumo Lift® and Lumo Run™ apps (collectively, “Lumo Apps”) as well as the firmware for the sensor devices associated or used with the Apps, including for example the firmware for the Lumo Lift and Lumo Run sensor devices (collectively, “Lumo Firmware”). The Lumo Apps and Lumo Firmware are collectively referred to as “Software.” This Software is owned
    by Lumo BodyTech, Inc. and is being licensed to you for your own personal, non-commercial use as detailed below.
  2. Lumo Services. The Services offered by Lumo permit you to access and control your Lumo sensor devices, including to update the Lumo Firmware, and to store, retrieve, access, and use the information collected by your Lumo sensor devices, including through access via the World Wide Web and desktop
    applications. When using Lumo sensor devices, as well as the related Software, we collect information to provide the Services that you have requested. This information may include, but is not limited to, User Account information, various personally identifiable information (e.g., your name, gender, height, weight, IP address, location, device information, etc.,) as well as data about your use of our Services, Software, and Lumo sensor devices. We may also collect information about the devices and software you use to access our services. You may only access or use the Lumo Services while using genuine Lumo sensor devices, the Lumo Software, or any third party device or software specifically approved by Lumo.
  3. Changes to Software or Services. Lumo reserves the right to change, suspend, remove or disable access to, or impose limits on the use of any content, features or other materials comprising any part of the Software or Services at any time without notice. In no event will Lumo be liable for the removal of or disabling of access to any such content, features or materials under these Terms of Use. From time to time, Lumo may initiate updates to the Lumo Apps to be downloaded and installed onto your computing device through the Lumo Services, and may also cause the most recent version of the Lumo Firmware to be downloaded to and installed on your Lumo sensor device. You consent to such downloading and such automatic updating of your Lumo Apps
    and Lumo Firmware.
  4. Software License Terms. You agree that the terms of this license apply to the Software and all portions of it, whether owned by Lumo or its licensors. By installing or using the Software you agree to be bound by any additional software license terms actually disclosed to you when you download the Software, all of which additional terms are incorporated in and are made a part of these Terms of Use. You further acknowledge that these Terms of Use are a binding agreement solely between you as the end-user and Lumo as the licensor, andthat Lumo BodyTech is solely responsible for the Software licensed to you. While using a genuine Lumo sensor device, Lumo grants you a revocable, non-exclusive license to install and use the Software on your own personal or mobile computing devices, in executable form only and solely as identified in these Terms of Use, for your own personal and non-commercial use. You may not transfer, transmit, sublicense or assign any Software except as expressly permitted in these Terms of Use. You may only
    copy or reproduce the Software for installation and archival purposes as authorized by applicable law. All rights not specifically granted herein are strictly reserved to Lumo.
  5. Third Party Software & Services. Your use of the Software may be further subject to the various licenses and terms of service, including for example the terms of service or use governing your use of a mobile computing device, or your use of various application repositories accessed to download and install the Software. By accessing or installing the Lumo Software you further acknowledge and agree that you are also bound by those third party terms of service, including for example and as applicable, the Apple® Terms and Conditions (for the iTunes App Store services,) or the Google® Apps (Free) Agreement (for the Google Play services.) You acknowledge that those third party service providers such as Apple or Google are also third party beneficiaries of these Terms of Use, and upon your acceptance of these Terms of Use, such third party beneficiaries shall have the right, and have accepted the right but not the obligation, to enforce these Terms of Use. Lumo is however in no way responsible for, or has any liability for, any action or omission by such third party service providers.
  6. Copyright Notice. The Software and Services contain copyright protected material, trade secrets, and other proprietary intellectual property owned by or licensed to Lumo. You acknowledge that the Software contains trade secret information that is proprietary to Lumo, that neither the Software nor the Lumo sensor devices include any user serviceable parts, and that to protect such trade secret information you agree not to attempt, encourage or assist any person to circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any Software other than as strictly permitted by operation of law. You may not modify, translate, rent, lease, distribute, lend or sell the Software, or the right to use it, to others. You may not remove any proprietary notice or label on the Software and agree not to otherwise tamper with any security protocol, technology or software that is part of the Software or Services or used to monitor or enforce these Terms of Use.
  7. User Accounts. To use the Software and Services you may be required to establish a user account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account and should never reveal your Account information to any third party. You are entirely responsible for all activities that occur on or through your Account, and you shall promptly notify Lumo of any unauthorized access to or use of your Account. Lumo is not responsible for any loss or damage caused by any unauthorized access to or use of your Account and further reserves the right to terminate, disable or suspend certain or all features for an Account if Lumo suspects any unauthorized access to or use of such Account or any part of the Software or Services.
  8. User Information. When creating an Account, or to use certain features of the Software or Services, you will need to provide certain information to Lumo, which may include your personally identifiable information (“User Info”). While providing the Services, Lumo may also collect certain technical data about your Lumo sensor devices, computer system, and accompanying hardware or software (“Technical Data”), as well as log certain information about your use of the Lumo sensor devices (“Usage Data”). User Info, Technical Data and Usage Data are collectively identified as your “Account Data.” You agree to provide accurate, current and complete User Info, and to update the data to maintain accurate information. Lumo may terminate or alter your rights to, or limit the availability of any Software or Service if your User Info is false, inaccurate or incomplete.
  9. Account Data Privacy. Our use of the Account Data information is governed by our Privacy Policy <https://www.lumobodytech.com/privacy-policy/>. We will not use, sell, rent, or disclose any personally identifiable information other than as permitted by the Lumo Privacy Policy (including for example by using such data in aggregate or anonymous forms) or as specifically requested or authorized by you when accessing or using our Software or Services. You further agree that Lumo may collect, process and store the Account Data for use in maintaining your Account and providing the Services, and to otherwise use your Account Data as set forth in Lumo’s most current Privacy Policy which describes the types of information we collect, how we store, manage, and use such information, and your choices with respect to our collection and use of your information. The Privacy Policy is expressly incorporated into these Terms of Use and we strongly encourage you to read the Privacy Policy prior to any installation or use of any Lumo Software or Services, or establishing an
    Account. Lumo will use reasonable efforts to protect your information but you acknowledge and agree that you submit the Account Data at your own sole risk.
  10. Ownership of Intellectual Property. The Lumo Services and the Software contain proprietary information and material owned by Lumo or its licensors, and are protected by various intellectual property and other laws, including domestic and international copyright and patent laws. You may only use the Software and Services in compliance with these Terms of Use. No portion of the Lumo Software or Services may be excerpted or reproduced in any form or by any means and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Lumo Software or Services. Lumo is solely responsible for the investigation, defense, settlement, or discharge of any third party claim that your use or possession of the Licensed Software or Services infringes any third party intellectual property rights.ANY USE OF THE SOFTWARE OR SERVICES EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS OF USE IS STRICTLY PROHIBITED.
  11. Trademarks. All logos and trademarks used on or with the Lumo Software and Services are trademarks or registered trademarks of Lumo in the United States of America and other countries. Other trademarks, service marks, graphics, and logos used with the Lumo Software and Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks and have no right or license to any such trademarks.
  12. Changes to the Terms of Use, Software, Services. Lumo reserves the right to update, revise, supplement or otherwise modify these Terms of Use at any time, including to impose new or additional requirements, rules, policies, terms and conditions (“Additional Terms”). Additional Terms shall be effective immediately and incorporated into these Terms of Use. Your continued use of the Software and Services following the posting of any Additional Terms shall signal your acceptance of such Additional Terms. Lumo may from time to time change or update the Software or Services, or the functionality thereof. By installing, accessing, or using the Software or Services you acknowledge and agree that you shall accept and as required install such changes or updates, and that your continuing use of the Software or Services may be dependent upon such updates or changes. Lumo however does not undertake any obligation to provide such maintenance or support services for the Software or Services, and no third party such as the iTunes App Store or Google Plus have any
    obligation to provide maintenance or support for the Software or Services provided by Lumo.
  13. Termination. These Terms of Use, including any rights and licenses granted, are effective upon your acceptance and shall continue until terminated. You may terminate these Terms of Use by permanently ceasing any use of the Software and Services. These Terms of Use shall immediately terminate without further notice if you fail to comply with any provision, provided however that any confidentiality obligation or use restriction that may be interpreted to survive termination of these Terms of Use shall survive termination regardless of the reasons for termination. Upon termination, you agree to cease any and all use of the Lumo Software and Services. If you fail to comply with any of the provisions of these Terms of Use, Lumo at its sole discretion, without notice to you may terminate any right or license you enjoy under these Terms of Use, terminate your Account, or prevent your access to the Lumo Software or Services.
  14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. LUMO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOFTWARE, SERVICES, OR ANY LUMO SENSOR DEVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SUCH USE SHALL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSIONS OR RISKS. YOU AGREE THAT LUMO MAY OCCASIONALLY LIMIT, REMOVE OR SUSPEND THE SOFTWARE OR SERVICES, INCLUDING FOR INDEFINITE PERIODS OF
    TIME FOR MAINTENANCE OR OTHER OPERATIONAL PURPOSES. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SOFTWARE OR SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
    INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL LUMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICES OR FOR ANY CLAIM RELATED TO YOUR USE OF THE SOFTWARE OR SERVICES, INCLUDING FOR ANY LOSS OR LIABILITY RELATING TO YOUR USER ACCOUNT AND RELATED INFORMATION. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE LUMO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. BY INSTALLING, ACCESSING OR USING THE LUMO SOFTWARE AND SERVICES YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LUMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS AND LICENSORS, AGAINST ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS OF USE, YOUR USE OF THE SOFTWARE OR SERVICES, OR ANY ACTION OR OMISSION
    BY LUMO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OF USE OR AS A RESULT OF ITS FINDING OR DECISION OF A VIOLATION OF THESE TERMS OF USE.
  15. Warranty Repairs. Lumo is solely responsible for providing any warranty service under these Terms of Use, and for any failure by the Software or Services to meet these limited warranty terms. In the event of any failure of Software to conform to these limited warranty terms, you may however also notify Apple® to request a refund of your purchase price for any Software actually purchased through the iTunes App Store services offered by Apple®, noting that to the maximum extent permitted by applicable law, Apple® shall have no other obligation of any type with respect to any warranty or other claims about the Software, including for example but not limitation, any product liability claims, failure to conform to applicable technical or legal standards, or claims under various consumer protection laws.
  16. Healthcare Warning. The Lumo sensor devices, Software, or Service do not diagnose, treat, cure, or prevent any medical, disease or health condition, and are not intended for any diagnostic or medical uses. Please consult your physician or healthcare provider before starting any exercise program, and immediately stop using any Lumo sensor devices, Software, or Service and contact a healthcare professional if you experience any discomfort or medical emergency while using the Lumo sensor devices, Software, or Service. When you choose to engage in any exercise program, including those you may learn about through the use of Lumo Software or Services, you agree that you do so voluntarily and at your own risk.
  17. Governing Law; Venue. The Terms of Service, and your use of the Software and Services are governed by the laws of the State of California irrespective of its conflicts of law or choice of law principles. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with Lumo shall reside in the state or federal courts of Santa Clara County, California. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of these courts.
  18. Compliance with the Laws. You represent and warrant that your use of the Software and Services will comply with all applicable rules, regulations, and laws, including the laws of the forum where you reside or access the Software and Services, that you are not located in any jurisdiction that is subject to any embargo by the United States government, or designated by the US as a “terrorist supporting” country, and that you are not listed on any U.S. government list of protected or restricted parties. You further represent and warrant that you will not export or re-export, directly or indirectly, the Software or Services in violation of the export laws and regulations of the United States, to any country for which an export license or other governmental approval is required at the time of export without first obtaining all necessary export licenses or other approvals, or for use in any sensitive nuclear, chemical or biological weapons, or missile technology end-uses unless authorized by the U.S. Government by regulation or specific license.
  19. Miscellaneous. These Terms of Use constitute the entire agreement between us concerning your use of the Software and Services and supersede any prior agreements. If any provision herein is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Any failure to enforce any right or provision will not be a waiver of such provision, or any other provision, and waiver of any breach shall not waive the right to enforce any subsequent breach. These terms are subject to change, so please visit this page occasionally to learn of any update or revision. If you have any questions regarding these terms please contact Lumo BodyTech, 201 San Antonio Circle, Ste. 135, Mountain View, CA, USA 94040, or via support@lumobodytech.com.

©2014-2016 Lumo Bodytech, Inc. All rights reserved. Lumo reserves the right to make changes in services, terms, and other information contained in this document without prior notice. The reader should in all cases consult Lumo to determine whether any such changes have been made. Revised May 2016.